In Texas, there are severe criminal and civil consequences for motorists who are convicted of driving while intoxicated (DWI). Drivers who have a child passenger under the age of 15 years old in the vehicle at the time of the arrest, however, face even more serious penalties, especially if they are also involved in a […]
Not all of those who are involved in DWI accidents are fortunate enough to avoid causing or suffering some sort of physical injury. In fact, it is not uncommon in these types of cases, for the person accused of driving while under the influence to also be charged with intoxication assault, or even manslaughter. Those […]
Having an open container of alcohol in one’s vehicle won’t significantly affect the severity of the penalties that a person faces if convicted of driving while intoxicated. Being in possession of an open container can, however, hurt someone’s DWI case in other ways, so if you were recently arrested for driving under the influence in […]
There is still some confusion regarding the scope of Texas open container laws. Some people believe that it is illegal to have an open container of alcohol in any public place, such as a local park or while walking down the street. In reality, this will depend on where you live. As far as Texas […]
A DWI accident will always draw the attention of law enforcement. If an innocent person is killed in the accident, the drunk driver can be charged with intoxication manslaughter, a second-degree felony in Texas. As with any DWI case, the prosecution must prove the defendant was intoxicated at the time of the accident, which is […]
When you are injured in a car accident and receiving emergency medical treatment, that would not seem like the ideal time to be answering questions. Yet when police suspect drunk driving played a role in your accident, it is common practice for officers to immediately question a potential defendant. As with all such police interviews, […]
When police suspect that drunk driving played a role in a car accident, officers may seek a search warrant in order to take a sample of the driver’s blood. But does such a warrant automatically cover the right to analyze the blood sample as well? A recent decision from a Houston appeals court, Davis v. […]
When it comes to drunk driving, the fact someone is a police officer will not necessarily help them avoid an arrest. The Laredo Morning Times recently reported on the arrest of a local officer charged with DWI and open container violations. According to an affidavit reviewed by the Times, the officer was arrested on July […]
A first-time drunk driving offense is typically prosecuted as a misdemeanor. But the charge can quickly turn into a felony if there was a child in the car at the time of the driver’s arrest. Under Section 49.045 of the Texas Penal Code, it is a state jail felony for anyone to operate a motor […]
We have discussed Texas open container laws many times before. To briefly recap, if you are caught by law enforcement with any open container of liquor in the passenger area of your vehicle, you can be cited for a Class C misdemeanor, which carries a $500 fine but no jail time. Of course, if you […]